Ahmad Brooks won’t be charged with assault

After taking their time weighing their options, the Santa Clara County District Attorney has decided not to move forward with assault charges agains 49ers linebacker Ahmad Brooks.

Matt Barrows of the Sacramento Bee reports that the D.A.’s office believes there is not enough evidence to feel confident about convicting Brooks of the charge. There was initially a warrant issued in the case, but prosecutors decided more information was needed before it could be served. Per Barrows, the investigation uncovered evidence that would have made getting a conviction more difficult.

“I have reviewed the memo and agree with its conclusion,” D.A. Jeff Rosen said in a press release. “Cases are not always what they first appear. The value to a thorough and deliberate investigation is a more complete picture of the facts. We cannot prosecute this case because we cannot prove the crime beyond a reasonable doubt to 12 jurors. To file criminal charges when we do not believe we will obtain a conviction is wrong.”

The prosecutors were considering the charges following an incident involving Brooks and teammate Lamar Divens in June. Divens allegedly angered Brooks by refusing to hand over Brooks’ car keys because he thought Divens was too drunk to drive, a stance that court records filed at the time the original warrant was being sought say Brooks responded to by breaking a beer bottle on Divens’ head while asking if he needed to get his gun.

Divens initially wanted to press charges for the attack, which was witnessed by two other members of the 49ers, but later told police that it “would be bad for both their careers” if he pushed forward against Brooks. Barrows’ report indicates that prosecutors found evidence that Brooks may have been acting in self-defense and that “doubts were raised” regarding Divens’ actions after the incident. Those actions include an alleged request for $1 million to Brooks and previous altercations between the men.

Whatever ultimately may have gone down on the night in question, we hope that more people step up faced with someone they think is too drunk to drive and that none of them wind up with a bottle across the head.

At the very least the team should suspend him for a number of games. That kind of reckless and dangerous behavior does not belong in the Red & Gold. Especially when it is directed towards another teammate who was looking out for his personal safety.

There truly are two justice systems in this country, they need to change it to “Guilty until proven rich”.

Great now we can get back to whats important! goin to the superbowl!!!!go niners

disp2 says:Jul 18, 2013 6:31 PM

Seems a bit disingenuous to keep pedaling the thought that Divens was keeping Brooks from driving drunk and that’s what caused the altercation. The fight happened after they had been out drinking and Divens had already driven everyone back to Brooks’ house. Kind of a blatant misrepresentation of the facts.

Threatening to get an gun after smashing a bottle over your friend/teammate/coworker is obviously no big deal when your a athlete on an good team.

Let me get this straight. In the past year. Niners Have been accused of Sexual assault just before the superbowl and got off with nothing.

Another openly gay hating player says derogatory comments about people’s lifestyles in what’s considered the gay capital of the US.

Another player gets suspended for Peds, that he tested positive for before cur by team.

An entitled QB wears a hat (no big deal but stupid) but then comes out and says some moronic comment about I’ll billed for my team til the end type of stuff and belittle the very people who buy his jerseys, support his causes and buy tickets to Keep him paid. Arrogance smells ugly kid. SF will support him regardless but I wouldn’t be surprised to see them turn on him real fast when he struggles.

Ahmad Brooks, threatens to get a gun and scare his OWN TEAMMATE AND FRIEND, bc he was trying to prevent him from committing a crime and endangering not only himself but others.

Aldon Smith gets a DUI and oh by the way was stabbed in a bar fight, not saying it’s solely his fault, but he puts himself in terrible situations that may result him problems, socially drinking is no problem, but over consumption and being in and around people of shady character when your an high profile athlete is stupid.

Bowman an all pro beast admits publicly to using marijuana, oh and Ahmad Brooks lost his scholarship at Virginia for smoking weed.

Point is, the PR department for the niners is awesome, the media wants so desperately to have a good west coast team, that they pump up the niners way better than they are and now their fans think their sh*t don’t stink.

Their is such thing as media spin, and having it spun your way doesn’t change the fact that the niners are sniveling, rude, bigots, sexists, and criminals as ANY OTHER TEAM.

Doesn’t matter at all. When he runs out of the tunnel for introductions, he will still get cheered like a conquering hero. Same as Patriot fans would do for Hernandez, or any fans of any player wearing jail jumpsuits.

Threatening to get an gun after smashing a bottle over your friend/teammate/coworker is obviously no big deal when your a athlete on an good team.

Let me get this straight. In the past year. Niners Have been accused of Sexual assault just before the superbowl and got off with nothing.

Another openly gay hating player says derogatory comments about people’s lifestyles in what’s considered the gay capital of the US.

Another player gets suspended for Peds, that he tested positive for before cur by team.

An entitled QB wears a hat (no big deal but stupid) but then comes out and says some moronic comment about I’ll billed for my team til the end type of stuff and belittle the very people who buy his jerseys, support his causes and buy tickets to Keep him paid. Arrogance smells ugly kid. SF will support him regardless but I wouldn’t be surprised to see them turn on him real fast when he struggles.

Ahmad Brooks, threatens to get a gun and scare his OWN TEAMMATE AND FRIEND, bc he was trying to prevent him from committing a crime and endangering not only himself but others.

Aldon Smith gets a DUI and oh by the way was stabbed in a bar fight, not saying it’s solely his fault, but he puts himself in terrible situations that may result him problems, socially drinking is no problem, but over consumption and being in and around people of shady character when your an high profile athlete is stupid.

Bowman an all pro beast admits publicly to using marijuana, oh and Ahmad Brooks lost his scholarship at Virginia for smoking weed.

Point is, the PR department for the niners is awesome, the media wants so desperately to have a good west coast team, that they pump up the niners way better than they are and now their fans think their sh*t don’t stink.

Their is such thing as media spin, and having it spun your way doesn’t change the fact that the niners are sniveling, rude, bigots, sexists, and criminals as ANY OTHER TEAM.

——————————

Wow. You spend a lot of time and energy hating the Niners. Wow.

oilman989 says:Jul 18, 2013 8:23 PM

A lump on the head. A threat of firearms. Two witnesses. The case cannot be proved beyond a reasonable doubt.

Somewhere in between Niners’ brass made a phone call.

mgpet says:Jul 18, 2013 8:30 PM

The Niners and Cowboys are neck and neck in the “Classiest Organization in the NFC” race, it seems.

“To file criminal charges when we do not believe we will obtain a conviction is wrong.”

… If only the prosecutors in the Zimmerman case maintained that sense of responsibility.

BTW, I’m very disappointed to see members of my favorite team get in a drunken mess like this. Brooks had come a long way since “Frank the Tank” during his tenure with the team. I really hope he learned to stay away from the booze because he’s an incredible talent.

jayniner says:Jul 18, 2013 8:31 PM

BOOM! Called this a week ago:

jayniner says:
Jul 13, 2013 7:27 PM
Law enforcement is under no obligation to file charges against Brooks considering Divens decided not to press charges.

brendendilley says:Jul 18, 2013 8:44 PM

So you’re saying the DA in Cali did a good job and realized you don’t waste precious tax payer money trying cases that you KNOW you’re going to lose. I feel like there is a lesson here for other parts of the country??? Hmm….

I agree that although the DA has decided not to press charges, the team should hand out some punishment. I’m thinking BOTH players should be suspended one game. I wonder if this is the same DA that has charged Marshawn Lynch with a DUI but apparently won’t prosecute him until he gets injured or retires…

Wow, MURDER is really the only thing these guys cant get away with. Wait…. Im not so sure about that either.

hjworton46 says:Jul 19, 2013 1:53 AM

If Mr. Brooks has any conscience and/or clear idea of right and wrong, he’ll come out and publicly apologise for his actions. DUI is a huge deal, as is assault. These are not things that can be swept away just because Pro Footballers do ’em. Shame on both Brooks and the Niners if they say and do nothing here.

joetoronto says:Jul 19, 2013 3:54 AM

mgpet says:
Jul 18, 2013 8:30 PM
The Niners and Cowboys are neck and neck in the “Classiest Organization in the NFC” race, it seems.
***************************************************
No team comes close to the Bungals, none.

niners seem to be coming undone a bit. wonder if harbaugh is starting to lose control of the team. will be interesting to see if they maintain their standing as a deep playoff team. what happens in their div ? does seattle unseat them ? does upstart st louis pass them too ? i predict niners take a step back but still make playoffs as wildcard. but the downward slide has begun…

ColtsWinColtsWin!! says:Jul 19, 2013 9:44 AM

What a rotten bunch of players the 9ers have. Shame Shame Shame!

ranger764 says:Jul 19, 2013 10:17 AM

Fire up the PFT lynch mob. Let all the self righteous readers out to say what a piece of trash and how stupid all of these guys are. Because normal people just don’t make mistakes. Maybe it’s that we just don’t hear about it because it’s not front page news. I’m so tired of the “Stay Classy” comments. Just because some of these players make mistakes, doesn’t mean the organization stinks (except Cincy). Think about it, you pay grown men lots of money to play a violent game on the field and then expect them to be choir boys off the field, doesn’t really add up now, does it?

trollhammer20 says:Jul 19, 2013 1:47 PM

Not really, ranger.

It’s just what when an incident arises where someone is smashed in the head with a bottle, some people kind of expect the smashee to face some form of justice….or, if the smasher was also involved in the fight in some malicious way, that perhaps both parties might face some type of justice.

Can guarantee that if this happens to someone who isn’t some kind of big-shot that it’s very likely charges of some kind are getting filed. But, it’s different if you have money, throw a little around and people stop complaining, which is likely what happened here.

japadacktle49 says:Jul 19, 2013 4:39 PM

Colts Win Colts Win yippie!

bighurt228 says:Jul 19, 2013 4:46 PM

Typically boys will be boys stuff…….gotta love the modern version of Goodells NFL……really makes you wonder why we sit and watch this stuff on a Sunday.